Latest IPC Decisions

The appellant made a request under the Act to the Toronto Metropolitan University (the university) for access to records relating to a complaint made against him under the university’s Sexual Violence Policy. The university took the position that the records are excluded from the scope of the Act under section 65(6)3 (labour relations or employment related matters) In this order the adjudicator finds that except for an invoice, which is subject to the Act, the balance of the records are excluded from the scope of the Act under section 65(6)3. He orders the university to issue an access decision with respect to the invoice and upholds its decision not to disclose the remaining records.

The Peel Regional Police Services Board (the police) received an access request under the Act for records relating to certain police records involving the requester. The police provided partial access to the responsive records. They withheld information under the discretionary exemptions at section 38(a) (discretion to refuse a requester’s own personal information), read with section 8(1)(g) (intelligence information), as well as section 38(b) (personal privacy). On appeal, these exemptions were challenged, along with the reasonableness of the police’s search for responsive records, under section 17. In this order, the adjudicator upholds the police’s application of the exemptions and the reasonableness of their search. Therefore, the appeal is dismissed.

The appellant sought access to all records related to a harassment complaint she filed with the municipality, including the final investigation report and all invoices, emails and details of the investigation services provided. The municipality issued a decision granting the appellant access to some emails, in part. The municipality did not locate any other records responsive to the appellant’s request. The appellant challenged the reasonableness of the municipality’s search for responsive records.

In this interim order, the adjudicator finds that the municipality did not conduct a reasonable search for records, and she orders the municipality to conduct a further search and issue a new access decision.

The appellant made a request to the City of Oshawa (the city) under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for council minutes, reports and correspondence on a specific topic. The city denied access to them in part, relying on the discretionary exemptions at section 6(1)(b) (closed meeting), 7(1) (advice or recommendations), 11(d) and (e) (economic and other interests), and 12 (solicitor-client privilege), as well as the mandatory exemption at section 14(1) (personal privacy) of the Act.

The appellant appealed the city’s decision and in Interim Order MO-4455-I, an adjudicator upheld some aspects of the city’s decision, but ordered other information disclosed. She also ordered the city to re-exercise its discretion to apply the section 6(1)(b) exemption. In this final order, the adjudicator finds that the city has now exercised its discretion under section 6(1)(b) and she dismisses the remainder of the appeal.

The appellant sought access to police reports related to an incident she was involved in. The police granted partial access to the reports, withholding portions of them under section 38(b) (personal privacy) of the Act. In this order, the adjudicator finds that disclosure of the withheld information would be an unjustified invasion of personal privacy and dismisses the appeal.

A group of hunters, including the appellant, were charged with improper hunting offences. They complained about the conduct of the investigation into the incident and sought access under the Act to the investigative records from the Ministry of Natural Resources and Forestry (the ministry).

In Interim Order PO-4370-I, I found that the responsive investigative report and supporting records were not excluded from the application of the Act under section 65(6)3 (employment or labour relations) and ordered the ministry to issue an access decision. The ministry denied access to portions of the records relying on the personal privacy exemption in section 49(b) and the solicitor-client privilege exemption in section 19(a). In this order, the adjudicator partially upholds the application of the claimed exemptions and also finds that section 49(a) applies in conjunction with section 19(a).

The appellant submitted a request to the City of Ottawa (the city) for access to records relating to a specific by-law complaint. The city located responsive records and provided the appellant with access to them. The appellant appealed the city’s decision because he believes additional responsive records should exist. In this order, the adjudicator finds that the city conducted a reasonable search for responsive records. The appeal is dismissed.

The appellant made a request for records relating to the Premier’s OPP security detail and the ministry denied the appellant access to officers’ notes under the discretionary law enforcement exemption in section 14(1) of the Act. The appellant appealed the ministry’s decision to the IPC. The ministry refused to provide records to the IPC so that the adjudicator may conduct an inquiry. In this interim decision, the adjudicator orders the ministry to produce the records at issue to the IPC.

The Barrie Police Services Board received a request under the Act for records relating to complaints involving the appellant. The police granted the appellant partial access to an occurrence report and officer’s notes claiming that the withheld portions qualified for exemption under section 38(a)(discretion to refuse a requester’s own information), read with section 8(1)(d)(confidential source). The police withheld an audio recording provided by an affected individual on the basis that disclosure would constitute an unjustified invasion of personal privacy under section 38(b)(personal privacy). The appellant appealed the police’s decision to the IPC. The adjudicator finds that the records qualify for exemption under sections 38(a) and (b) and dismisses the appeal.

The complainant made a correction request under the Act to a health information custodian (the custodian) for the correction of his personal health information in a consultation report. The custodian denied the correction request on the basis that he does not have a duty under section 55(8) of the Act to make the correction. In this decision, the adjudicator finds that the custodian was not required to make the requested corrections as the complainant has not established that the information he seeks corrected is inaccurate for the purposes for which the custodian uses it. The adjudicator issues no order and upholds the custodian’s decision.

The complainant submitted a correction request under PHIPA to a hospital to correct her personal health information in two forms completed by a physician. The hospital denied the complainant’s request citing section 55(8). The adjudicator finds that the complainant did not demonstrate that the information in the records was incomplete or incorrect for the purpose the hospital uses the information. As a result, the hospital’s decision to not make the requested corrections is upheld.

A requester made a request under FIPPA to the Landlord Tenant Board (the tribunal) seeking adjudicative records (spreadsheets containing certain fields of information from tribunal hearings conducted during a certain timeframe). The Ontario Superior Court held that a tribunal may effectively by-pass FIPPA under certain conditions, but the adjudicator in this appeal finds that the tribunal did not do so. She also finds that FIPPA applies to the request for these adjudicative records and that the Dagenais/Muntuck test is relevant, and that the records qualify as “records” under FIPPA. As a result, she orders the tribunal to produce the responsive records and, for a specified period of time, on an ongoing basis.

The Ministry of Municipal Affairs and Housing (the ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for records related to the decision of the Government of Ontario to make changes to the Ontario Greenbelt. The ministry issued the requester a fee estimate of $232.50. The requester asked for a fee waiver on the basis that dissemination of the records would benefit public health and safety, under section 57(4)(c) of the Act. The ministry denied the fee waiver request. In this order, the adjudicator upholds the ministry’s decision to do so, and dismisses the appeal.

The Corporation of the City of Cambridge received a multi-part request under the Act for access to information relating to an investigation into a named company by the Cambridge Fire Department. While numerous records were disclosed, a letter was withheld under section 10(1) (third party information). In this order, the adjudicator finds that some of the information contained in the letter is exempt under section 10(1). She orders the city to disclose the non-exempt information to the appellant.

The Waterloo Region District School Board (the board) received a request from an individual under the Act for records related to a specified social media post. The board located one responsive email and denied access to it in full under section 7(1) (advice or recommendations). The board later disclosed additional responsive records and a portion of the initial email, but the appellant continued to seek access to the remainder of the email.

In this order, the adjudicator finds that the withheld information in the email is exempt from disclosure under section 7(1) and dismisses the appeal.